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PIZZI v. ANZALONE

261 A.D.2d 374 (1999)

689 N.Y.S.2d 224

ROBERT PIZZI, Respondent, v. ANTHONY ANZALONE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 3, 1999.

Ordered that the order is affirmed, with costs.

In light of the posttrial admissions by the defendant Anthony Anzalone that he testified untruthfully at trial as to factual matters material to the verdict, the Supreme Court did not improvidently exercise its discretion in granting the plaintiff's motion, inter alia, pursuant to CPLR 5015 (a) (3) to set aside the verdict on the ground that it had been procured by...

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